Barriers to Successful Prosecution of Sexual Violence - Essay Example

Barriers to Successful Prosecution of Sexual Violence Barriers to Successful Prosecution of Sexual Violence Introduction Sexual violence has been known to occur all over the world. While it is viewed as a form of gender-based violence, sexual violence is defined as any sexual attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic a person’s sexuality. It is done using coercion, threats of harm or physical force, by any person regardless of relationships to the victim, in any setting, including but not limited to home and work. Sexual violence takes different forms such as sexual assault, forced marriage, rape, genital mutilation, trafficking or sexual slavery (Sellers 2004; McKinnon 2006). Though majority of victims are women, boys and men can also be victims and women perpetrators. The British Crime Survey shows us that each year in the UK, over one million women suffer domestic abuse, over 300000 women are sexually assaulted and 60000 women are raped. According to recent statistics (Home Office January 2013), less than one victim of sexual violence can expect to see their attacker brought to justice showing just how difficult it is for them Key words: rape, sexual violence. Barriers to the successful prosecution of sexual violence While the creation of the International Criminal Court (ICC) has increased the international community’s ability in prosecution of sexual violence, national courts have remained the principal sites in rendering individual accountability. The challenges are: 1. Difficulty presenting sufficient evidence Besides the lack of police capacity to collect and preserve physical evidence, there are requirements that the medical evidence be presented. That is examination, report and in court-testimony. The significant challenge discussed here lies on the victim who might not cooperate owing to embarrassment, shame, concerns about confidentiality, guilt and not wanting loved ones to know (Lombard & McMillan 2013). 2. Finding the evidence Securing a strong and water-tight conviction usually melts down to undisputable evidence. Following Mr. Kenyatta’s trial, the judges had been seen to drop charges relating to attacks at Kibera and Naivasha, in Kenya since there was not enough evidence to link him directly to the said crimes. Hence, in most cases of mass sexual violence, the paper will discuss how crimes cannot be linked to the accused persons “under any mode of liability.” (Evans-Pritchard, 2014). 3. Social significance of sexual violence The very act of sexual violence is seen to inflict significant harm on the victim and his or her family. In the same vein, acts of sexual violence amounting to international sex crimes also has effects of great harm on the communities, country’s citizens, and are committed against particular groups. The paper will discuss how based on their scale as well as the group-based nature of the violence, international sex crimes can create enduring and communal scars that might have the undesirable effect of undermining long-term national stability (Evans-Pritchard, 2014). 4. Witness intimidation Revisiting the Kenyan case, sources close to the International Criminal Court have cited witness intimidation as one of the reasons why rape charges were not extended against Kenyan Deputy President William Ruto and Joshua Arap Sang, a former broadcaster. It will also reflect on the relationship of witness intimidation to strategies that involve looking beyond the witness testimonies (Evans-Pritchard, 2014). On other levels, women might be cowed by their perpetrators. For example, in a workplace scenario where one may not want to testify because they fear losing their jobs. 5. Corruption Forms of corruption such as bribes will explain why tampering with evidence occurs. So much so that in some cases, the perpetrator goes Scott-free when an innocent person is incriminated. Models of explaining sexual violence 1. Diana Russell four factor method A four-factor model of causation identifying four preconditions to rape and other forms of sexual violence. While there may be overlap between the factors, the structure and the actions, the following preconditions stand out. a. Preconditions i. Various factors may produce a predisposition or desire to rape be they psychological, biological or sociological. Factors reducing the internal inhibitions against acting out rape include cultural myths and the beliefs and attitudes such as objectifying women, belief that women enjoy rape, misogyny, women having inferiority complex (Lombard & McMillan 2013). ii. Fear of incarceration or punishment: this includes the fear of social sanctions, fear of the impact on what friends and family will think or think. iii. Factors that reduce the social inhibitions against sexual violence. Will include drunkenness, drug and substance abuse, mental disorders. iv. Factors on a victim’s ability to protect themselves or to resist sexual violence. It is inclusive of the perceptions that the victim is somewhat responsible for their own subjection to sexual violence acts, the belief that “anything goes within marriage”, that during and before acts of sexual violence, “submission” to the perpetrator is best (Sellers 2004). 2. Finkenhor (1984) four factor model of sexual abuse According to Finkelhor (1984), a varied number of risk factors might increase the likelihood of sexual offending. These factors are classified below: i. Overcrowding and the lack of privacy that might occasion less inhibitions. There are also internal inhibitions or external circumstances favouring offending. For example, maternal illness or absence that might, in some cases, present a feasible opportunity for father-daughter incest. ii. Some adults might suffer from sexual frustrations, sexual role confusion and the need to dominate a child sexually as a means of self-assurance (Leatherman 2013). iii. In adults, they might result to sexual violence or rape due to unemployment and family stress. For children, emotional deprivation is a breeding ground for sexual violence towards them because they will be more open to accepting inappropriate “affection” from adults. iv. Use of alcohol and drugs might lead to sexual offending (Lombard & McMillan 2013). Link between these theories There are problems shared by these models. These links are such as: i. Biological determinism that overlooks the issue of rape and other acts of sexual violence being socially constructed (MacKinnon 2006). ii. Women should avoid arousing men if and when they do not want to engage in sexual intercourse with them. iii. In line with some policies, in case sexual violence is meted on the wife, the women being seen as the ones denying men their conjugal rights. Some people argue that marital rape occurs because men have sexual needs that require satisfying regardless of the time (Lombard & McMillan 2013). iv. By employing any of these models, we dwell on the misleading assumption that all men can be potential rapists, are naturally promiscuous and aggressive and with uncontrollable sexual urges. In this mirror, men can easily get off the hook in courts (Lombard & McMillan 2013). Link between the two theories and practice i. Recall that society might provide fertile grounds for legitimation of sexual violence by objectifying women’s representation, certain misleading myths about women’s sexuality and various kinds of women’s representation particularly pornography. Discussion on pornography and its overall contribution to sexual violence based on fetishes, exposure, ideals, and ideas (Sellers 2004). ii. The social construction of women. Where the society has notions of “bad girls” and good girls and how this serves to catalyse the practice of sexual violence on those branded as bad. For example, when a prostitute goes to report an act of sexual violence, it might not be taken as seriously. Define pornography: material which explicitly describes degrading or abusive sexual behaviour so as to endorse or recommend the behaviour as described (MacKinnon 2006). Sex roles and sexual violence i. Traditional gender roles that contribute to and sustain the sexual violence acts against women. Meaning women are expected to be subservient and silent while men are expected to be violent. These roles are reinforced through language and representation (Bureau of Democracy, 2011) ii. Male dominance and chauvinism against women’s inferiority complex. Link with policies i. Improving coordination between the legal and medical sectors: in areas synonymous with lack of confidence in the judiciary. The “integrated model” of legal and medical services. In line with the WHO’s Guidelines for Medico-Legal Care for Victims of Sexual Violence urging policymakers to adopt a medico-legal model (Leatherman 2013). ii. Offer supportive and legal services under the same roof. The idea is to demystify sexual violence and give victims a serene atmosphere away from the perpetrators to avoid fear and stigma. Centres located in public hospitals-for access by all, have trained investigators as staff, linked to specialized courts which try sexual violence cases while the victim remains anonymous. Example, Thuthuzela Care Centres in South Africa (Leatherman 2013). iii. Increasing the police receptivity Strategies that might improve the experience of reporting sex crimes include increasing the number of female police officers in the force and having specialised gender units within police stations making it easy to report. Increasing of female police officers can also rectify the myth of women being weak, subservient and correct the image of women as entirely dependent as well as general gender bias (Sellers 2004). iv. Additional access points Such can include websites and anonymous call lines that offer counselling help to victims. Legal clinics, mobile courts providing pro bono legal services too. v. Empowering the girl-child By eliminating practices such as Female Genital Mutilation, access to Universal Education, prosecution of early marriage perpetrators by setting up laws against this, mentorship, laws on children pornography among others (MacKinnon 2006). Conclusion i. Sexual violence is a complex issue without a unique mono-causal explanation ii. It is both a political and personal issue. iii. There exist an inter-relationship between psychological, sociological and biological factors. iv. Sexual violence can be linked to issues of power on whichever level. The interpretations of sexual violence must always consider the socio historical and political context. (MacKinnon 2006). Bibliography Bureau of Democracy, H. R. a. L., 2011. 2010 Human Rights Report: Kenya, s.l.: U.S. Department of State. Leatherman, J. L., 2013. Sexual Violence and Armed Conflict. United Kingdom: John Wiley & Sons. Evans-Pritchard, B., 2014. ICC Restates Commitment on Crimes of Sexual Violence. [Online] Available at: http://reportingkenya.net/reports/icc-restates-commitment-on-crimes-of-sexual-violence/ [Accessed 2 January 2014]. Lombard, N., & McMillan, L., 2013. Violence against Women: Current Theory and Practice in Domestic Abuse, Sexual Violence and Exploitation. London: Jessica Kingsley Publishers. MacKinnon, C., 2006. Are women human? And Other International Dialogues. Cambridge; Harvard University Press. Sellers, P V., 2004. Individual (s) Liability for collective Sexual Violence. Oxford: Oxford University Press. Read More